23 Sept 2013
JACOMB v THE REGISTRAR OF COMPANIES [2013] NZHC 2486
- Citation
- [2013] NZHC 2486
- Court
- High Court
The Registrar's reinstatement was appropriate because, on a de novo assessment of the facts as at the time of removal, EMG either remained 'carrying on business' through its holding of shares and unresolved disputes or otherwise had sufficient reasons to continue in existence (ongoing litigation, unpaid loans and substantial uncalled share capital), and the Registrar was entitled to rely on an unopposed application and statutory advertising; accordingly leave to appeal out of time was granted but the appeal was dismissed.